Case Note & Summary
The revision petition was filed by accused No.3, Krishna Veni, challenging her conviction under Sections 420, 465, 468, 471 read with Section 34 of the Indian Penal Code, 1860. The trial court in C.C.No.405/2005 convicted her, and the appellate court in Criminal Appeal No.90/2006 confirmed the conviction. The High Court, after hearing both sides and re-appreciating the evidence, found that the prosecution had not established the guilt of the accused beyond reasonable doubt. Consequently, the court allowed the revision petition, set aside the conviction and sentence, and acquitted the petitioner, giving her the benefit of doubt.
Headnote
A) Criminal Law - Cheating and Forgery - Benefit of Doubt - Sections 420, 465, 468, 471 read with Section 34, Indian Penal Code, 1860 - The revision petitioner, accused No.3, was convicted by the trial court and the appellate court confirmed the conviction. The High Court, on re-appreciation of evidence, found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. The court held that the benefit of doubt must be given to the accused and accordingly set aside the conviction and sentence. (Paras 1-5)
Issue of Consideration
Whether the conviction of the petitioner under Sections 420, 465, 468, 471 read with Section 34 IPC is sustainable in law.
Final Decision
The revision petition is allowed. The judgment of conviction and order of sentence dated 18.06.2011 in Criminal Appeal No.90/2006 passed by the Addl. Dist. and Sessions Judge, Bidar, and the judgment of conviction and order of sentence dated 13.11.2006 in C.C.No.405/2004 passed by JMFC Court, Aurad-B, are set aside. The petitioner/accused No.3 is acquitted for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 IPC. The petitioner is given benefit of doubt.
Law Points
- Benefit of doubt
- Standard of proof beyond reasonable doubt
- Acquittal in criminal revision
- Sections 420
- 465
- 468
- 471 IPC
